Rogue Advocates Successfully Appeals Mt. View Paving Land Use Permits

Sarah Vaile
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09/27/2013 02:32PM

Rogue Advocates has successfully appealed a preliminary Jackson County Planning staff approval to allow an asphalt plant to operate in the Bear Creek floodplain in Talent. The Hearing Officer’s denial is the final decision by Jackson County in an application process that has spanned three years. The County must now require the operation to cease operations. Mountain View Paving had requested Nonconforming Use status to allow the industrial operation to continue business on land zoned for residential use. The company has operated on the site since 2001 without land use permits.

A key fact in the appeal was Code Enforcement citations for new structures and facilities constructed without building permits that led the County to require the operation to obtain land use approvals. The expansion of the operation since 2001 created red flags that ultimately has resulted in the denial of land use permits.

Rogue Advocates President Steve Rouse states, “Rogue Advocates is obviously pleased with the decision upholding our appeal. Appropriate land use permits reduce conflicting uses with neighbors, in this case the 160 homes bordering this property across Bear Creek. These folks raised health concerns and endured industrial noise, asphalt smoke and fumes for years without relief. These homes were developed with permits in the 1980’s, while the asphalt plant moved in 20 years later without permits. The expansion of the industrial use has increased the adverse impact to neighbors, and this decision resolves that conflict.”

“We hope Mt. View Paving will relocate their asphalt operation to a new location and continue to provide their valuable services to the Rogue Valley. We are aware of available properties with existing approvals and resources for this use. This is simply a good business in a poor location.”

The City of Talent responded to citizen complaints and also joined the appeal of the Nonconforming Use application. The property is within the Talent Urban Growth Boundary. Talent requested conditions limiting impacts be imposed on the operation, but the County ignored virtually all Talent’s requests. The city discovered their agreements with the County to regulate land use within their urban growth boundary provide the city no authority, even though Talent has written regulations for development in the UGB.

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